City of Florissant, MO Occupancy Permits And Transfer Of Ownership

[Ord. No. 8748, 11-22-2021]

Applicability. This Section shall not apply to any occupancy in existence at the time of the adoption of this Chapter and until a change of occupancy occurs as defined in the Property Maintenance Code.

Requirements. Except as otherwise provided, it shall be unlawful for any person, corporation, business or family to occupy or for any owner or agent thereof to permit the occupancy of any building, tenant space, structure, dwelling, dwelling unit or addition thereto or part thereof for any purpose until an occupancy permit has been issued by the Enforcement Official. The occupancy permit which is issued will allow the natural growth of a single family but requires that no dwelling unit shall be occupied by more than a single family, as defined in this Chapter, plus not more than two (2) other persons all living together in the dwelling unit as a single housekeeping unit. The occupancy permit shall not be issued until all violations of this Chapter have been brought into compliance, except as provided in Subsection (F) and its issuance shall be subject to the following occupancy limitations:

Single-Family Occupancy. No dwelling unit, other than a group home permitted under the provisions of the Zoning Code, shall be occupied by more than a single family, as defined in this Chapter, plus not more than two (2) other persons all living together as a single housekeeping unit and shall be subject to square footage.

Overcrowding. Dwelling units and group homes shall not be occupied by more occupants than permitted by the minimum area requirement set forth in the Florissant Property Maintenance Code.

Fee. Occupancy related fees shall be as follows:

Type of Application or Permit	Fee
One- and two-family dwellings, application and two (2) inspections.	$100.00
Apartment unit application and two (2) inspections.	$50.00
Occupancy permit update (except as a result of the natural growth of a family).	$40.00
Commercial application and inspection less than three thousand (3,000) square feet building/tenant space.	$100.00
Commercial application and inspection between three thousand (3,000) and fifty thousand (50,000) square feet building/tenant space.	$200.00
Commercial application and inspection over fifty thousand (50,000) square feet building/tenant space.	$300.00
Commercial or residential occupancy permit issuance.	$50.00
Occupancy permit extension after review and approval.	$50.00
Conditional or temporary occupancy permit after review and approval.	$50.00
Extra inspections over and above the application allowance of two (2) inspections.	$50.00
The above fees shall also cover the first reinspection in the event a reinspection is necessary following the initial inspection. In the event further reinspections are necessary to secure an occupancy permit or to comply with the terms of a conditional occupancy permit, each such reinspection after the first reinspection shall require an additional fee of fifty dollars ($50.00) per reinspection.

Report Change Of Occupancy. Every building, structure, tenant space or dwelling unit in which a change of occupancy is to occur must be reported by the owner to the Building Official so that the Enforcement Official may inspect the structure according to the provisions of this Chapter. Failure to make such a report shall constitute a violation of this Chapter and the person responsible for the failure shall be subject to the penalties of this Chapter.

Responsibilities Of Real Estate Brokers. All real estate brokers and agents and similar businesses and owners of buildings, structures, tenant spaces, dwelling units or multiple-family dwelling units shall report each change of occupancy as defined in this Chapter so that the Enforcement Official may inspect the unit according to the provisions of this Chapter. Failure to register or make such a report shall constitute a violation of this Chapter and the person responsible for the failure shall be subject to the penalties of this Chapter.

Conditional Occupancy Permit. A conditional occupancy permit may be issued by the Enforcement Official if, in his/her judgment, any deficiencies in structures covered by this Chapter would not demonstrate a visual blight or seriously endanger the health or safety of the occupants or of the community and provided that in the case of an owner-occupant an affidavit stating that he/she will correct deficiencies within a specific time and in the case of an owner-non-occupant an affidavit stating that the owner will correct deficiencies within a specified time and thus bring the structure into compliance with the provisions of this Chapter. The occupant, who may be the owner or a renter as the case may be, may occupy the space while repairs are being made. At such time and within the period covered by the affidavit furnished as the space complies with all the provisions of this Chapter an occupancy permit will be issued as provided above. In the event that repairs are not completed within the specified time the City may revoke the occupancy permit and peruse further action allowable by this Chapter. The fee for a conditional or temporary occupancy permit shall be fifty dollars ($50.00).

Inspection Of Occupancy Records. Every owner and managing agent of a multiple-family dwelling shall, upon request of the Enforcement Official, make available for inspection by the Enforcement Official its records of occupancy and all changes of occupancy of the dwelling units within such multiple-family dwelling.

Notice Of Requirement Of Occupancy Permit To Be Posted. The Enforcement Official shall provide to the owner or managing agent of every multiple-family dwelling a sign specifying that an occupancy permit is required to be issued prior to the occupation of any dwelling unit. Upon receipt of such sign, the owner or managing agent shall post and maintain the sign in a conspicuous place in the rental office of such multiple-family dwelling and if such rental office is not at the same location as the multiple-family dwelling, such owner or managing agent shall also post the sign in the common entry area of each multiple-family dwelling. Failure to post and maintain this sign shall constitute a violation and the person responsible for such failure shall be subject to the penalties of this Chapter.

Occupancy Permits, Non-Residential Structures. It shall be unlawful for any person, owner or operator to occupy or use or to permit occupancy or use of any premises for any purpose until an occupancy permit has been issued by the Building Official. No such permit shall be issued unless said premises has been inspected by the Building Official or his/her designee and the premises is in compliance with this Code. All commercial occupancy permits shall require the review and approval of the local Fire Marshal. All commercial occupancy permits must be reviewed and approved for use and classification according to the Building Code and Existing Building Code as well as the Florissant Zoning Code.

Inspections Required By A Home Improvement Program. Where an inspection is a requirement of a specific home improvement program, the Building Official is authorized and directed to make inspections to determine whether dwellings, dwelling units, rooming units, accessory structures and premises located within the City conform to the requirements of this Chapter. This inspection shall not constitute a requirement for occupancy. For the purpose of making such inspections, the Building Official is authorized at reasonable times to enter, examine and survey all dwellings, dwelling units, rooming units, accessory structures and premises with the consent of the owner or occupant thereof. The inspection contemplated under this subsection shall remain valid for a period of one hundred twenty (120) days from the date of initial inspection provided that there is no change in occupancy or the building has remained vacant during the one hundred twenty (120) day period. Extensions of time may be granted at the discretion of the Building Official or his/her designated representative.

Expiration Of Occupancy Inspection And Permit. Any occupancy permit process shall become invalid one hundred twenty (120) days after the initial inspection date. The occupancy permitting process must be completed and permit obtained within this timeframe unless an extension is granted after review by the Building Official. Fees for extensions shall be fifty dollars ($50.00).